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EXHIBIT 2 I I I cause shall be defined as oxhibiting aberrant or unusual behavior,the type ofwhich is a recognized and accepted symptom of impairment(i.e., shirred speech, unusuaI la&of muscular coordination, etc). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has boon trained to recognize the symptoins of drug abuse or impairment and [he other of whom shalt be the job stoward. Ifthe job steward is unavailable or there is no job steward on tho project the other person shall be a member of the applicable Union's bargaining unit,Tasting shall be pursuant to the procedures stated hereinabove.Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's ,payry ll, g. Applicants or employees who do not test positive shall be paid for all time f lost while undergoing drug testing. Paymwit shall be at tho applicable wage and benefit rates set forth in the applicable Union's Master Labor Agreement. Applicants who have been dispatched from the Union and who are riot put to work pending the results of a test will be paid waiting time until such time as they aro put to worlc. It is understood that an applicant must pass the test as a condition of ernployanent. Applicants who are put to work pending the result9 of a test will be considered probationary employees, 1 6, The employers will be allowed to conduct periodic ,job site drug seating on the Project under the following conditions: a. The entirejobsite must bo Los Lod,including any vaq)loyee or subcontractor's e1uployee who worked on that project three (3)working days before or after the date olfthe test; b. Jobsite testing cannot commence sooner than thirty (30) days after Aart of tho.work on the;Project; C. Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsito testing program to a: acted employees; d, Vesting shall be conducted by a SAMFISA certified laboratory, pursuant to the provisions set forth in Paragraph 5 heroinabove. e. Only two periodic tests may be performed In a twelve month period, 7, It is understood that the unsafe use of prescribed medication, or where the use of presoribod xnedication impairs the employee's ability to perform work, is a basis for the Contractor to remove the Qmployee fro m'the jobsite. S. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance mid arbitration procedures set forth in the CWA. 9. The establishment or operation of this Polioy $hall not curtail any right of any employee found in any law, ruls or regulation. Should any pay: of this Agreement be found unlawful by a court of competont jurisdiction) or a public agency having jurisdiction over the Community Workforce Agreement 4.2 City of Santa Ana _ City Council 16 — 254 5/19/2026